Estipona v. Lobrigo

Estipona v Lobrigo
Estipona, Jr. accused in Criminal Case, Possession of Dangerous Drugs, (Shabu),
Estipona filed a Motion to Allow the Accused to Enter into a Plea Bargaining Agreement,
praying to withdraw his not guilty plea and instead, to enter a plea of guilty for violation
of Section 12, Article II of R.A. No. 9165 (Possession)
He argued that Section 23(disallowance of plea bargaining) of R.A. No. 9165 violates:
(1) the intent of the law expressed in paragraph 3, Section 2 thereof;
(2) the rule-making authority of the Supreme Court under Section 5 (5), Article VIII of
the 1987 Constitution; and
(3) the principle of separation of powers among the three equal branches of the
government.
Prosecution moved for the denial for being contrary to Section 23 which is said to be
justified by the Congress' prerogative to choose which offense it would allow plea
bargaining.
Respondent Judge Frank E. Lobrigo issued an Order denying Estipona's motion
Estipona led a motion for reconsideration, but it was denied. hence, this petition.
ISSUES:
I. WHETHER SECTION 23 OF REPUBLIC ACT NO. 9165, WHICH PROHIBITS

PLEA BARGAINING IN ALL VIOLATIONS OF THE SAID LAW, IS
UNCONSTITUTIONAL FOR BEING VIOLATIVE OF THE CONSTITUTIONAL
RIGHT TO EQUAL PROTECTION OF THE LAW.
II. WHETHER SECTION 23 OF REPUBLIC ACT NO. 9165 IS

UNCONSTITUTIONAL AS IT ENCROACHED UPON THE POWER OF THE
SUPREME COURT TO PROMULGATE RULES OF PROCEDURE. YES
-The Supreme Court held that the power to promulgate rules of pleading, practice and procedure is now
Their exclusive domain and no longer shared with the Executive and Legislative departments.
The Court further held that the separation of powers among the three co-equal branches of our government
has erected an impregnable wall that keeps the power to promulgate rules of pleading, practice and
procedure within the sole province of this Court. The other branches trespass upon this prerogative if they
enact laws or issue orders that effectively repeal, alter or modify any of the procedural rules promulgated
by the Court.
III. WHETHER THE REGIONAL TRIAL COURT, AS PRESIDED BY HON. FRANK

E. LOBRIGO, COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO
LACK OR EXCESS OF JURISDICTION WHEN IT REFUSED TO DECLARE
SECTION 23 OF REPUBLIC ACT NO. 9165 AS UNCONSTITUTIONAL
RULING
Section 5(5), Article VIII of the 1987 Constitution
Power to promulgate rules of pleading, practice and procedure is now Our exclusive
domain and no longer shared with the Executive and Legislative departments.
Under the1935 Constitution, the power of this Court to promulgate rules concerning
pleading, practice and procedure was granted but it appeared to be co-existent with
legislative power for it was subject to the power of Congress to repeal, alter or
supplement.
Section 13, Article VIII provides
The Congress shall have the power to repeal, alter or supplement the rules concerning
pleading, practice and procedure, and the admission to the practice of law in the
Philippines
The power of Congress, however, is not as absolute as it may appear on its surface. In In
re: Cunanan Congress in the exercise of its power to amend rules of the Supreme Court
regarding admission to the practice of law
1973 Constitution reiterated the power of this Court "to promulgate rules concerning
pleading, practice and procedure in all courts, x x x which, however, may be repealed,
altered or supplemented by the Batasang Pambansa
1987 Constitution molded an even stronger and more independent judiciary. Among
others, it enhanced the rule making power of this Court. Its Section 5(5), Article VIII
Rules of procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court."
-rule making power of this Court was expanded.
-The Court was also granted for the first time the power to disapprove rules of procedure
of special courts and quasi- judicial bodies. But most importantly, the 1987 Constitution
took away the power of Congress to repeal, alter, or supplement rules concerning
pleading, practice and procedure. In one, the power to promulgate rules of pleading,
practice and procedure is no longer shared by this Court with Congress, more so with the
Executive
Echegaray v. Secretary of Justice (Echegaray), the Court traced the evolution of its rule-
making authority, which, under the 1935 and 1973 Constitutions, had been priorly
subjected to a power-sharing scheme with Congress. As it now stands, the 1987
Constitution textually altered the old provisions by deleting the concurrent power of
Congress to amend the rules, thus solidifying in one body the Court's rule-making
powers, in line with the Framers' vision of institutionalizing a "[s]tronger and more
independent judiciary." DETACa
Thus, as it now stands, Congress has no authority to repeal, alter, or supplement rules
concerning pleading, practice, and procedure.
Plea bargaining in criminal cases
plea bargaining has been defined as "a process whereby the accused and the prosecution
work out a mutually satisfactory disposition of the case subject to court approval
-give-and-take negotiation common in plea bargaining.50 The essence of the agreement

is that both the prosecution and the defense make concessions to avoid potential losses
-plea bargaining is to be encouraged because the chief virtues of the system speed,
economy, and finality can benefit the accused, the offended party, the prosecution, and
the court.
BUT TN: the rules on plea bargaining neither create a right nor take away a vested
right.
-it operates as a means to implement an existing right by regulating the judicial

process for enforcing rights and duties recognized by substantive law and for justly
administering remedy and redress for a disregard or infraction of them.
A GUILTY PLEA is a "serious and sobering occasion" inasmuch as it constitutes a

waiver of the fundamental rights to be presumed innocent until the contrary is proved, to
be heard by himself and counsel, to meet the witnesses face to face, to bail (except those
charged with offenses punishable by reclusion perpetua when evidence of guilt is strong),
to be convicted by proof beyond reasonable doubt, and not to be compelled to be a
witness against himself. 55
BUT!!! He has no constitutional right to plea bargain. No basic rights are infringed by
trying him rather than accepting a plea of guilty
Under the present Rules, the acceptance of an offer to plead guilty is not a demandable
right but depends on
1. the consent of the offended party 57 and

2. the prosecutor, which is a condition precedent to a valid plea of guilty to a lesser
offense that is necessarily included in the offense charged
The plea is further addressed to the sound discretion of the trial court, which may allow
the accused to plead guilty to a lesser offense which is necessarily included in the offense
charged.
Plea bargaining is allowed during the
1. arraignment,
2. the pre-trial, or even up to the point when the
3. prosecution already rested its case
On whether Section 23 of R.A. No. 9165 violates the equal protection clause
We deem it proper to declare as invalid the prohibition against plea bargaining on drug
cases until and unless it is made part of the rules of procedure through an administrative
circular duly issued for the purpose. ETHID
SERRENO (CONCURRING)
When an accused pleads to a lesser offense, he or she waives all the fundamental rights
guaranteed to an accused. 4 It is essentially a choice that only the accused can make, as a
way to acknowledge his or her guilt and as atonement for that guilt.
The reality is that most "drug-pushers" that come before the courts are found with less
than n 0.1 gram of illegal drugs. While some of these accused will be charged with both
selling and possession, most of them will have to suffer the penalty of selling, that is, life
imprisonment. 5 They will be sentenced to life imprisonment for evidence amounting to
"only about 2.5% of the weight of a five-centavo coin (1.9 grams) or a one- centavo coin
(2.0 grams)." 6
The plea is subject to the acceptance of the prosecution and is only allowed by discretion
of the court. 9 What is essential is that the choice exists. Preventing the accused from
pleading to the lesser offense of possession is a cruel, degrading, and unusual punishment
for those who genuinely accept the consequences of their actions and seek to be
rehabilitated. It will not advance the policy of the law to punish offenders with penalties
not commensurate with the offense and to hinder their reintegration into society.

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Estipona v. Lobrigo

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Estipona v Lobrigo

Estipona, Jr. accused in Criminal Case, Possession of Dangerous Drugs, (Shabu),

(1) the intent of the law expressed in paragraph 3, Section 2 thereof;

Respondent Judge Frank E. Lobrigo issued an Order denying Estipona's motion

I. WHETHER SECTION 23 OF REPUBLIC ACT NO. 9165, WHICH PROHIBITS

II. WHETHER SECTION 23 OF REPUBLIC ACT NO. 9165 IS

III. WHETHER THE REGIONAL TRIAL COURT, AS PRESIDED BY HON. FRANK

Section 5(5), Article VIII of the 1987 Constitution

Section 13, Article VIII provides

-rule making power of this Court was expanded.

Plea bargaining in criminal cases

-give-and-take negotiation common in plea bargaining.50 The essence of the agreement

-it operates as a means to implement an existing right by regulating the judicial

A GUILTY PLEA is a "serious and sobering occasion" inasmuch as it constitutes a

1. the consent of the offended party 57 and

Plea bargaining is allowed during the

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